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This is a Bill, not an Act. For current law, see the Acts databases.
2010-2011-2012-2013
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Not-for-profit Sector Freedom to
Advocate Bill 2013
No. , 2013
(Finance and Deregulation)
A Bill for an Act to prohibit Commonwealth
agreements from restricting or preventing
not-for-profit entities from commenting on,
advocating support for or opposing changes to
Commonwealth law, policy or practice, and for
related purposes
i Not-for-profit Sector Freedom to Advocate Bill 2013 No. , 2013
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Definitions ......................................................................................... 2
4
Agency not to include prohibited content in Commonwealth
agreement ........................................................................................... 3
5
Prohibited content .............................................................................. 3
6
Compensation for acquisition of property ......................................... 3
7
Application ........................................................................................ 4
Not-for-profit Sector Freedom to Advocate Bill 2013 No. , 2013 1
A Bill for an Act to prohibit Commonwealth
1
agreements from restricting or preventing
2
not-for-profit entities from commenting on,
3
advocating support for or opposing changes to
4
Commonwealth law, policy or practice, and for
5
related purposes
6
The Parliament of Australia enacts:
7
1 Short title
8
This Act may be cited as the Not-for-profit Sector Freedom to
9
Advocate Act 2013.
10
Section 2
2 Not-for-profit Sector Freedom to Advocate Bill 2013 No. , 2013
2 Commencement
1
This Act commences on the day after this Act receives the Royal
2
Assent.
3
3 Definitions
4
In this Act:
5
agency means an entity mentioned in paragraph (a), (b), (c), (d),
6
(e), (f) or (h) of the definition of agency in subsection 6(1) of the
7
Privacy Act 1988.
8
Commonwealth agreement means a legally binding agreement
9
between an agency (on behalf of the Commonwealth) and a
10
not-for-profit entity.
11
confidential information means information, the disclosure of
12
which:
13
(a) would found an action for breach of confidence; or
14
(b) would disclose:
15
(i) trade secrets; or
16
(ii) any other information having a commercial value that
17
would be, or could reasonably be expected to be,
18
destroyed or diminished if the information were
19
disclosed; or
20
(c) would be a disclosure of information likely to prejudice
21
national security (within the meaning of subsection 17(1) of
22
the National Security Information (Criminal and Civil
23
Proceedings) Act 2004).
24
not-for-profit entity means:
25
(a) an entity that is entitled to be registered under the Australian
26
Charities and Not-for-profits Commission Act 2012; or
27
(b) a non-profit body (within the meaning of the Electronic
28
Transactions Act 1999).
29
prohibited content has the meaning given by section 5.
30
Section 4
Not-for-profit Sector Freedom to Advocate Bill 2013 No. , 2013 3
4 Agency not to include prohibited content in Commonwealth
1
agreement
2
(1) An agency must not include prohibited content in a
3
Commonwealth agreement.
4
(2) If, apart from this subsection, a Commonwealth agreement
5
includes prohibited content, that prohibited content is void.
6
5 Prohibited content
7
(1) Prohibited content is any requirement that restricts or prevents a
8
not-for profit entity (including staff of the not-for-profit entity)
9
from commenting on, advocating support for or opposing a change
10
to any matter established by law, policy or practice of the
11
Commonwealth.
12
(2) However, the requirement is not prohibited content to the extent
13
that it restricts or prevents a not-for profit entity from disclosing
14
information that:
15
(a) is confidential information; or
16
(b) is personal information (within the meaning of the Privacy
17
Act 1988).
18
6 Compensation for acquisition of property
19
(1) If the operation of this Act would result in an acquisition of
20
property from a person otherwise than on just terms, the
21
Commonwealth is liable to pay a reasonable amount of
22
compensation to the person.
23
(2) If the Commonwealth and the person do not agree on the amount
24
of the compensation, the person may institute proceedings in the
25
Federal Court of Australia for the recovery from the
26
Commonwealth of such reasonable amount of compensation as the
27
Court determines.
28
(3) In this section:
29
acquisition of property has the same meaning as in
30
paragraph 51(xxxi) of the Constitution.
31
Section 7
4 Not-for-profit Sector Freedom to Advocate Bill 2013 No. , 2013
just terms has the same meaning as in paragraph 51(xxxi) of the
1
Constitution.
2
7 Application
3
(1) This Act applies to a Commonwealth agreement entered into
4
before, on or after the commencement of this Act.
5
(2) Despite subsection (1), subsection 4(1) applies to a Commonwealth
6
agreement entered into on or after the commencement of this Act.
7
(3) Subsection (4) applies if, immediately before the commencement
8
of this Act, a Commonwealth agreement includes prohibited
9
content.
10
(4) Despite subsection (1):
11
(a) subsection 4(2) has the effect that prohibited content in the
12
Commonwealth agreement becomes void on the
13
commencement of this Act; and
14
(b) paragraph (a) does not affect any right, privilege, obligation
15
or liability acquired, accrued or incurred under the prohibited
16
content before the commencement of this Act.
17
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